Keebles v. Ford
Supreme Court of Alabama
Writ of Error to the County Court of Madison county. Action of debt, by Ford and Vining, on a bill single, made by the two Keebles and Rodah Horton. The summons issued against all the defendants, but was not served on Horton, as to whom there was a return of “ not found.” Afterwards an alias summons issued, and was served on Horton, and at its return the plaintiffs dismissed the suit as to him, and took a judgment by default against the two other defendants.
Read the full summary
Writ of Error to the County Court of Madison county. Action of debt, by Ford and Vining, on a bill single, made by the two Keebles and Rodah Horton. The summons issued against all the defendants, but was not served on Horton, as to whom there was a return of “ not found.” Afterwards an alias summons issued, and was served on Horton, and at its return the plaintiffs dismissed the suit as to him, and took a judgment by default against the two other defendants. This judgment is now assigned as error. insisted that the dismissing the suit against Horton was a discontinuance of the action. relied…
1Opinion of the CourtGoldthwaite, J.
It is argued that the alias summons issued without the assent of the plaintiffs, and is the unauthorised act of the clerk, by which they ought not to be injured. We are not authorised so to consider it, for the process was applicable to the condition of the case, when issued, and it was not a necessary part of the clerk’s duty to issue it without instructions ; it must therefore be considered as the act of the plaintiffs, and being so, they could have no judgment against the defendants at its return term, except by confession. [Meek’s Sup. 13.]
The question here, however, is not as to the…
2Cases cited2 opinions
- Adkins v. AllenSupreme Court of Alabama · 1827
- Ivey v. GambleSupreme Court of Alabama · 1838
3Cited by8 opinions
- Mock v. WalkerSupreme Court of Alabama · 1868
- Hall v. CannteSupreme Court of Alabama · 1853
- Slade v. StreetSupreme Court of Alabama · 1884
- Griffin v. WilsonSupreme Court of Alabama · 1851
- Whitaker v. Van HornSupreme Court of Alabama · 1869
3 more not listed; retrieve them via the Exa API.